senate Bill S5254

2013-2014 Legislative Session

Relates to special education services and programs for preschool children with handicapping conditions

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
returned to senate
died in assembly
Jun 05, 2013 referred to education
delivered to assembly
passed senate
Jun 04, 2013 advanced to third reading
Jun 03, 2013 2nd report cal.
May 30, 2013 1st report cal.912
May 15, 2013 referred to education

Votes

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Co-Sponsors

S5254 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยง4410, Ed L

S5254 - Bill Texts

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Relates to special education services and programs for preschool children with handicapping conditions.

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BILL NUMBER:S5254

TITLE OF BILL: An act to amend the education law, in relation to
special education services and programs for preschool children with
handicapping conditions

PURPOSE:

To provide flexibility in the way in which educators and service
providers can access a preschool student's individual education plan.

SUMMARY OF PROVISIONS:

Section 1: Amends paragraph d of subdivision 5 of section 4410 of the
education law to specify that a copy of a preschool special education
student's individual education plan may be provided electronically.

Section 2: Sets forth an immediate effective date.

EXISTING LAW:

Currently, a copy of a special education student's individual
education plan may be provided electronically for school-ace students
(Ch. 279, L. 2012). The electronic option is not, however, available
for pre-school students.

JUSTIFICATION:

The law requires that all individuals responsible for implementing a
student's individual education plan (IEP) be provided with a copy of
the plan. In 2012, recognizing the efficiencies that could be achieved
by utilizing. technology, the Legislature approved and the Governor
signed into law Chapter 279, which allowed the requirement to be met
electronically for special education students beginning in
kindergarten. This bill seeks to expand on the flexibility of that law
to allow electronic access for those charged with implementing the IEP
of a preschool student.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5254

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law,  in  relation  to  special  education
  services  and programs for preschool children with handicapping condi-
  tions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph d of subdivision 5 of section 4410 of the educa-
tion law, as amended by chapter 693 of the laws of 1993, is  amended  to
read as follows:
  d. If the board disagrees with the recommendation of the committee, it
shall  set  forth  in  writing  a  statement of its reasons and send the
recommendation back to  the  committee,  a  notice  of  which  shall  be
furnished  to the preschool child's parent and the municipality in which
the preschool child resides. In the event a board refers the recommenda-
tion back to the committee for reconsideration,  the  board  shall  also
notify the parent and the committee in writing of the need to schedule a
meeting  to  ensure timely placement. If the determination is for two or
more related services, where possible, the board shall select  from  the
list  maintained by the municipality pursuant to paragraph c of subdivi-
sion nine of this  section  such  related  service  providers  that  are
employed  by  a  single  agency  for the provision of such services. The
board shall provide each related service provider with [a  copy  of  the
individualized  education  program  and]  the  name and location of each
related service provider AND A  COPY  OF  THE  INDIVIDUALIZED  EDUCATION
PROGRAM  OR SUCH SERVICE PROVIDER SHALL BE ABLE TO ACCESS SUCH STUDENT'S
INDIVIDUALIZED EDUCATION PROGRAM ELECTRONICALLY; PROVIDED,  HOWEVER,  IF
THE  POLICY PROVIDES THAT THE STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM
IS TO BE ACCESSED ELECTRONICALLY, THEN SUCH  POLICY  SHALL  ALSO  ENSURE
THAT  THE  INDIVIDUALS RESPONSIBLE FOR THE IMPLEMENTATION OF A STUDENT'S
INDIVIDUALIZED EDUCATION PROGRAM SHALL BE NOTIFIED AND TRAINED ON HOW TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09407-02-3

S. 5254                             2

ACCESS SUCH INDIVIDUALIZED EDUCATION PROGRAMS ELECTRONICALLY. The  board
shall designate one of the service providers to coordinate the provision
of  the  related services. If the determination is for special education
itinerant  services and one or more related services, the special educa-
tion itinerant service provider shall be  responsible  for  the  coordi-
nation of such services pursuant to regulations of the commissioner.
  S 2. This act shall take effect immediately.

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